In Re The Parenting Of S.W.B.S.

432 P.3d 709 (2019)

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Nature of the Case

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Facts

S.W.B.S. was born to M and F in December 2012. M and F never married and, in 2015, when S.W.B.S. was two years old, the Court approved the parties' stipulated parenting plan. M would parent four days a week while F would parent three days a week. M and F would make certain parenting decisions-specifically those regarding S.W.B.S.'s schooling and healthcare-together. If the parties were unable to agree upon those parenting decisions, the plan provided that they were to make a good-faith effort to resolve the issues through dispute resolution processes before bringing their disagreements to the court. The parties also agreed that the plan would be reviewed and modified as necessary if there are significant changes in circumstances or when the minor child begins kindergarten to consider the developmental changes, needs, and best interest of the child at that time. M had two more children and moved to Columbia Falls. As S.W.B.S. aged, M and F continuously disagreed on parenting decisions. F filed a motion to permit school enrollment, amend the parenting plan, and modify child support. F wished to enroll S.W.B.S. in preschool and vaccinate him. F also sought an amended residential schedule. The Court modified the plan denied and cited § 40-4-219(1), MCA, the statute governing amendments to parenting plans, which requires the court to find that a change occurred in the child's circumstances and that an amendment is in the child's best interest. Instead of finding a change in circumstances, the Court relied on the Initial Parenting Plan's Modification Provision to justify its amendment. It concluded that it was in S.W.B.S.'s best interest to amend the Initial Parenting Plan's residential schedule as soon as he started kindergarten. S.W.B.S. would reside primarily with F during the school year, spending time with M on alternating weekends from Thursday after school until Sunday evening, with a mid-week visit on opposite weeks. M appealed.